Opinion

Commonwealth v. Flebotte

  • 34 Mass. App. Ct. 676
  • 615 N.E.2d 203
  • 1993 Mass. App. LEXIS 675
Court
Massachusetts Appeals Court
Filed
Jun 28, 1993
Status
Published
Author
Brown
On the bench
Brown, Kass, Laurence
Cited by
5 cases

The opinion

Brown, J.

(concurring). The majority concedes that this was not a well-tried case. I agree, albeit reluctantly, that any error here was, in all the circumstances, harmless beyond a reasonable doubt.

I often have counseled that the judge and the prosecutor, as well as the defense counsel, are equally responsible for ensuring that defendants receive a fair trial. Of course, “a judge is not bound to ask questions of prospective jurors beyond those required by G. L. c. 234, § 28,” ante at 677, but certain questions cry out for inclusion within the remaining broad range of discretion, when, as here, the charge is child sexual abuse, and the question requested during empanelment is whether any member has been the victim of child abuse when he or she was a child.

*682 Likewise, all participants should be aware of the great potential danger inherent in use of fresh complaint testimony, particularly when the victims are young children. As already mentioned by the majority, defense counsel filed no pretrial motion in limine, even though “[tjhere was forewarning” that three witnesses might describe acts beyond those testified to by the victim. Neither the judge nor the prosecutor reacted in a manner which would have blunted what the majority called a “telegraphed” punch.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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